Not necessarily. First, what agreement? Second, read Bret Fausett's report. It states in part:

"Confidential" documents, whether in electronic form or in hard-copy, shall be made available for Mr. Auerbach's review in Marina del Rey at a mutually agreeable time before August 9th. Mr. Auerbach cannot disclose the contents of a document designated "confidential" without giving ICANN at least 10 days notice (and the burden then would fall to ICANN to seek further protective orders preventing disclosure). Mr. Auerbach's access is not conditioned on his signing, or agreeing to abide by, the confidentiality form presented by ICANN.

So the onus falls on ICANN to make the case why a document should not be made public, not the other way around. -g